[WSBARP] Recalcitrant Attorney in Fact

[Jeff Davis]

Thanks Eric,

 

You are the only reply.  I believe you are correct in that the PR has
standing and can compel an accounting. Under  RCW 11.125.140(9) an Agent has
thirty days to respond to a PR's written request for an accounting of the
"receipts, disbursements, or transactions conducted on behalf of the
principal."  If no timely response is provided, RCW 11.125.160(2)(b)
authorizes the PR, as any other interested person, RCW 11.125.160(1)(d), to
bring the petition.  I made my written request long ago, so now just a
petition for an accounting, on twenty day notice, and include as part of the
requested relief a reference to RCW 11.125.170.  

 

Thanks for the response.

 

Jeff

 

From: Eric Nelsen [mailto:Eric at sayrelawoffices.com] 
Sent: Thursday, February 22, 2018 10:15 AM
To: jeff at bellanddavispllc.com; WSBA Real Property Listserv
<wsbarp at lists.wsbarppt.com>
Cc: mindy at bellanddavispllc.com
Subject: RE: [WSBARP] Recalcitrant Attorney in Fact

 

Not sure if you received any responses--the answer used to be under Ch.
11.94 RCW, now repealed and replaced by Ch. 11.125 RCW, the Uniform Power of
Attorney Act. See  RCW 11.125.160(2)(b)
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.125&full=true#11.125.160> .
I don't know if this has been tested yet, but I would assume that the PR, as
legal representative of the decedent principal, has the same standing as the
principal to file the petition under RCW 11.125.160(1)(a).

 

I haven't had to file under the new RCW 11.125 yet, but on first impression
it appears to me that the TEDRA petition procedures generally do not need to
be followed, except as to "notice requirements." RCW 11.125.160(3). I think
that just means, give 20 days' notice of hearing by mail to all the people
potentially interested in the estate or the property at issue. RCW
11.96A.110 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.110> ; RCW
11.96A.030(5) <http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.030> .

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1417 31st Ave South

Seattle WA  98144-3909

phone 206-625-0092

fax 206-625-9040

 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jeff Davis
Sent: Monday, February 19, 2018 4:23 PM
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 
Cc: mindy at bellanddavispllc.com <mailto:mindy at bellanddavispllc.com> 
Subject: [WSBARP] Recalcitrant Attorney in Fact

 

List mates:

 

I represent the personal representative who is the decedent's niece.  The
personal representative's sister was a longtime acting attorney-in-fact (now
Agent).  It is believed the sister turned most, if not all, of the
decedent's accounts into joint.  She refuses to provide any accounting.  How
do I force the sister to respond?  It seems this issue came up in the not so
distant past, and there were quite a few responses.  Your help would be
appreciated.

 

Jeff Davis

 

W. Jeff Davis, Esq.

BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129 
Fax No.: (360) 683.1258 
email:  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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